Drivers beware. If you are planning on a NFL Super Bowl party, do not drink and drive. Dont think you can make it back to the house, even if it is a few miles away. It is not worth it. Bars and Pubs across the county will be hopping. Be safe and smart and do not drink and drive.
The utilization of San Diego DUI or sobriety checkpoints has proliferated in the last few years due in large part to huge amounts of State grant money flowing into local city coffers from San Diego DUIfines and penalty assessments from convictions in Court. Police have also used saturation patrols as a way to ferret DUI drivers. While the use of these types of law enforcement tools is generally regarded as comporting with Constitutional proscriptions, their use is not always legal. In the seminal case within the context of sobriety roadblocks, Ingersoll vs. Palmer, the United States Supreme Court handed down guidelines that must be complied with in any particular law enforcement initiated checkpoint. Among the factors are:
- The degree of discretion left to the individual officer in the field
- The specific location chosen for the roadblock
- The time and duration of the roadblock
- The standards set by superior officers
- Was advance notice given to the general public
- Was advance warning given to approaching motorists
- Adherence to recognized safety conditions
- The length of time each motorist is stopped and detained.
When challenging a San Diego DUI checkpoint each of the above factors is considered by the criminal Court Judge hearing the motion. In San Diego County the police use sobriety stops very heavily. It is not uncommon on any given weekend to see local police setting up a drunk driver roadblock in such places as Pacific Beach (PB), the Gaslamp area of Downtown, Poway, post-Chargers game, etc. As the holidays are coming up, there will be more check points throughout San Diego County.
As a local attorney who has defended thousands of DUI cases, Mark Deniz can help evaluate whether your individual rights were violated. One very common problem with San Diego DUI checkpoints in San Diego DUIs is the stopping and detaining of drivers who simply turn off and avoid going thru a police initiated roadblock. Simply making a turn to avoid the checkpoint is not in itself illegal nor does it form the basis to stop and detain a motorist. If you or someone you know was stopped by the police under this type of scenario, contact Mark Deniz immediately.
One thing is true, the intrusion imposed upon the general public by the use of San Diego DUI checkpoints is very great and should be allowed, if at all, in very limited circumstances. If you or someone you love has had the unfortunate circumstance of being caught up in this type of possible illegal conduct by the police we urge you to call San Diego DUI attorney Mark Deniz for a free initial case evaluation at (858) 751-4DUI (4384). Mr. Deniz will meet with you one on one and discuss all legal options available. The Law Offices of Mark Deniz serves all San Diego County. Remember that the time to defend a San Diego DUI case is NOW, if you wait and procrastinate your rights may be lost and you may end up with a San Diego DUI on your record for the next decade.
If you are charged with a San Diego DUI or other Criminal offense, you need to call our firm immediately. We are available to take action on your case today. Please email or call us at 858-751-4384 or email me at [email protected] to schedule a free consultation. The key is to be proactive.
Here is a recent article:
The Sheriff’s Department on Monday said it will increase its DUI patrols by Sheriff’s Deputies across the county on Super Bowl Sunday.
Increased patrols will take place from 3 p.m. through 5 a.m. Monday. Deputies will also conduct a DUI checkpoint in the city of Poway on Friday between 8 p.m. and 3 a.m.
In 2015, the Sheriff’s Department arrested 1,516 people for DUI. In 2014, deputies arrested 1,610 people for impaired driving. In 2013, 1,888 people were arrested for impaired driving.
“Super Bowl Sunday should be a fun and safe time, on and off the gridiron,” said Sheriff Bill Gore. “Do the responsible thing: don’t drink and drive. Buzzed Driving Is Drunk Driving.”
The Sheriff’s Department has these tips for a safe Super Bowl Sunday:
- Plan a safe way home before the game begins
- Before drinking, designate a sober driver and leave your car keys at home
- If you’re impaired, use a taxi, ride sharing service, call a sober friend or family member or use public transportation
The full article can be found here.